PER CURIAM: In this attorney disciplinary matter, respondent and the Office of
Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by
Consent (Agreement) pursuant to Rule 21, RLDE, Rule 413, SCACR. In the Agreement, respondent admits
misconduct and consents to a confidential admonition, a public reprimand, or a definite suspension not to exceed six
months. Respondent also requests that any suspension be made retroactive to
the date of his interim suspension.[1]
ODC does not oppose that request. However, the Agreement is not conditioned
upon any suspension being retroactive to the date of interim suspension. We accept
the Agreement, suspend respondent from the practice of law in this state for six
months, not retroactive, and impose other requirements. The facts, as set forth in the Agreement,
are as follows.

FACTS

Matter I

A client retained respondent
to assist with the probate of her deceased husband's estate. The employment
contract signed by respondent and the client on November 9, 2009, provided that
fees would not be less than $25,000 as a retainer. The contract also provided
that respondent's time would be billed at $250 per hour, but the total fees
connected with the representation would be capped at $30,000. Shortly after
the estate was opened, the client terminated the representation and retained
new counsel. By letter to respondent dated January 29, 2010, new counsel
requested a full accounting and that a refund of the unearned portion of the
retainer paid by the client be issued no later than February 15, 2010. The client
also requested a refund on two separate occasions. Respondent failed to return
that portion of the fee not earned by respondent, failed to provide a full and
complete accounting, and failed to safely keep the client's funds in escrow
until the funds were earned by respondent.

In addition, respondent
failed to respond to a Notice of Investigation or a Treacy letter from
ODC,[2] failed to appear to respond to questions under oath as directed by ODC in a
Notice to Appear, and failed to comply with a subpoena for documents.

Matter II

Respondent was retained by a
client in February 2007 to file an action on the client's behalf as a result of
a land dispute. Respondent was not diligent in filing the suit and failed to
keep the client reasonably informed of the status of the case.[3]
The case was ultimately settled. On April 22, 2010, the client sent respondent
a written request for his files and related documents; however, respondent
failed to deliver the files as requested. The client was able to retrieve the
files from the Attorney to Protect Clients' Interests after respondent was
placed on interim suspension.

Matter III

On August 18, 2010,
respondent served a subpoena on a party in a case. The subpoena was signed by
respondent as plaintiff, prose. Respondent served the subpoena
without the assistance of the clerk. See Rule 45(a)(3), SCRCP ("The clerk shall issue a subpoena, signed but otherwise
in blank, to a party requesting it, who shall complete it before service.
An attorney as officer of the court may also issue and sign a subpoena on
behalf of a court in which the attorney is authorized to practice.").
However, at the time respondent served the subpoena, he was on interim
suspension and not allowed to practice law.

LAW

Respondent admits that by his
conduct he has violated the following provisions of the Rules of Professional
Conduct, Rule 407, SCACR: Rule 1.3 (a lawyer shall act with reasonable
diligence and promptness in representing a client); Rule 1.4 (a lawyer shall keep
the client reasonably informed about the status of the matter and promptly
comply with reasonable requests for information); Rule 1.15 (a lawyer shall
deposit into a client trust account unearned legal fees and expenses that have
been paid in advance, to be withdrawn by the lawyer only as fees are earned or
expenses incurred; a lawyer shall promptly deliver to a client any funds or
other property the client is entitled to receive and, upon request by the
client, promptly render a full accounting); Rule 1.16(d) (upon termination of
representation, a lawyer shall take steps to the extent reasonably practicable
to protect a client's interests, including surrendering papers and property to
which the client is entitled and refunding any advance payment of fee or expense
that has not been earned or incurred); Rule 8.1(b) (a lawyer, in connection
with a disciplinary matter, shall not knowingly fail to respond to a lawful
demand for information from a disciplinary authority); Rule 8.4(a) (it is
professional misconduct for a lawyer to violate the Rules of Professional
Conduct); and Rule 8.4(e) (it is professional misconduct for a lawyer to engage
in conduct that is prejudicial to the administration of justice).

Respondent also admits he has
violated Rule 7(a)(1) of the Rules for Lawyer Disciplinary Enforcement, Rule
413, SCACR (It shall be a ground for discipline for a lawyer to violate the
Rules of Professional Conduct or any other rules of this jurisdiction regarding
professional conduct of lawyers.).

CONCLUSION

We accept the
Agreement for Discipline by Consent and suspend respondent from the practice of
law in this state for six months from the date of this opinion. We deny respondent’s request that the suspension
be made retroactive to the date of his interim suspension. In addition, within
thirty days of the date of this opinion, respondent shall (1) enter into a
restitution agreement with ODC which provides for respondent's payment of
restitution in the amount of $22,500 to the client in Matter I above and (2)
enter into an agreement to pay the costs incurred in the investigation and
prosecution of this matter by ODC and the Commission on Lawyer Conduct. Finally,
respondent shall complete the
South Carolina Bar's Legal Ethics and Practice Program Ethics School and Trust
Accounting School within one year of the date of this opinion. Within fifteen
days of the date of this opinion, respondent shall file an affidavit with the
Clerk of Court showing that he has complied with Rule 30, RLDE, Rule 413,
SCACR.